Extracted from the PDF above. The PDF is authoritative.
APHC010308242025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15656/2025 Between: K Venkateswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR REVENUE The Court made the following order:
The short grievance of the petitioners is non removal of the encroachments of village tanks situated in Billanapalli Village, Bapulapadu mandal, Krishna District
2. Heard Sri Narasimha Rao Gudiseva, learned counsel for the petitioners, Sri Y.koteswara Rao, learned Standing counsel for Gram Panchayat and Sri Venkata Satyanarayana, learned Assistant government pleader for Revenue. 3. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that, the petitioners were the residents of the the Billanapalli Village having agricultural lands and cultivating the same by using the village water tanks situated in Sy.No.58, 295-2 & 110-1. He further contended that, some of the villagers have encroached the said three tanks causing water problem to the petitioners agricultural lands. He further submitted that, the subject tanks belongs to Gram Panchayat and as per G.O.Ms.No.188 dated 21-07-2011 it is the statutory duty cast upon the authorities to safeguard the Panchayat property but inspite of making representation dated 28.04.2025 requesting the authorities to remove the encroachments of the said three village tanks and to restore the tanks, no necessary action was initiated by the respondent authorities. As such prayed to pass appropriate orders protecting the interest of the petitioners. 4. Learned Assistant Government Pleader for Revenue submitted that the revenue authorities have identified certain encroachments as alleged by the petitioner and now it is for the Gram Panchayat to take steps against the same. 5. Learned Standing counsel for Gram Panchayat submitted that the authorities concerned would take steps in accordance with law. 6. Perused the record and considered the submissions of learned counsel for respective parties. 7. The prime grievance of the petitioners in the present writ petition is that the some villagers have encroached three village tanks which are the main sources for cultivation of petitioners’ agricultural lands. Inspite making representation, no action was initiated by the respondent authorities.
The revenue authorities have identified certain encroachments and now the Gram, Panchayat has to take steps against the said encroachments. 8. In view of the submission made by the learned Standing counsel for Gram Panchayat that the authorities concerned would take steps in accordance with law, this writ petition can be disposed of at the admission stage itself, without inviting counter, with the following directions:
“The Gram Panchayat concerned shall take steps for removal of encroachments made in the water tanks situated in Sy.No.58, 295-2 & 110- 1 in accordance with law by issuing show cause notices to all the concerned parties inviting explanation by giving reasonable time and to pass a reasoned order after providing an opportunity of being heard and communicate the same to all the parties concerned in accordance with law within three(03) months.”
Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI
BRS